Title History Lot 513, Sonoma, CA: transactions

Title History Out Lot 513, Sonoma, CA 1852 - 1996

Disclaimer:

The dates and legalese language in County Recorder grantor/ grantee books, deed book documents in computers, block books, etc are difficult to decipher and sequence properly if you are not a lawyer or in the title profession.  No doubt I have some sequences and interpretations wrong, however the references are there for someone to straighten out should they feel so inclined. I did the best I could.

The cost of making actual copies at the Recorder’s Office is onerous, $1.50 per page and more for maps, hundreds of dollars total to copy all the relevant documents. I took pictures both of paper and computer screen documents instead. This made transcription and interpretation more time consuming and difficult.

Spellings of surnames changed, particularly Schuhmann, Schumann, Schuman, Kulak, Kolak and generally I note spellings as they appeared without correction.

I’d like to have felt I did an accurate title history, but in the end there is too much detail and specialized language to feel that I have it cold. I did make a general sketch.

One problem, the dates in the grantor/ grantee blue books are entered differently than dates in the actual deed documents. I didn’t realize the need to note all differences to get the correct sequence, so I got substantially mixed up when my sequence didn’t add up. I went to school on this from ground zero with no prior title experience. I had to go back and redo many dates, making me wonder if I had it all straight.

I started out assuming that titles to lot 513 always included the whole lot, but I learned that I was dealing with title transactions at the sub lot level, with fractions of lot 513, .68 acres here, 1.51 acres there, 1.89 acres, 2 acres more or less, 2.41 acres… and it was necessary to track these measures to see who bought what parts of the lot when, to reconstruct a complete picture of the northern portion of lot 513’s history. For an accurate reconstruction of all the measures and transactions of land, a surveyor would have to say what was what by matching the documents with points on the ground and a lawyer would have to decipher the language. Otherwise, with my work, there must be guess work and some fudge factor.

My lack of being able to decipher these intricacies leaves me confused about pertinent details such as the exact location of the “Laguna Resort” and various cabins that could be to the north or the south of the main hotel. Nevertheless the general outline I have created serves to shed a lot more light on the history of lot 513 than existed before I started.

Lot 513 is distinctive, bounded by Arroyo Seco on the east, by 8^th Street East/ railroad frontage on the west, Napa Street on the north and by various owners and lines to the south To the south the original lot bordered a line extending from France Street and was approximately 14.5 acres

The proper address of the whole northern part of the lot down to the industrial park, was/ is 19550 8^th Street East. The actual address of the hotel is 19480 but it has come to be 19550. The little yellow house and cabin to the north are 19434.

(County Assessors Parcel Map Book 127, p. 127-30, 127-302-002, 1969022168, 199605143)

Title History for lot #513  1852 through 2/15/1873

From personal records of Robert Parmelee

GRANTOR                            GRANTEE                                         DATE

M.G. Vallejo                           Jas. H. McCord                                  8/31/1852

Jas. H. McCord                      M. M. Smith                                       8/31/1852

Mary M. Smith                      Elizabeth Munday                              11/11/1852

B.B. Munday                          Mrs. Penelope Jane Zane                   5/27/1853

? Patten                                   J.G. McCrackin                                  7/3/1861

McCrackin                              Asa White                                           “               “

Asa White wife                       Chas van Geldern                                4/6/1863

Trustees?                                John G. McCrackin                            11/4/1863

Chas van Geldern and

Eliz his wife                            Robert Douglas Sr.                              4/7/1869

John A. Brinkman and

Rebecca                                   Wm? McCullough                               4/27/1871

Wm McCullough                    Rebecca Brinkman                              7/6/1871

Estate of McCrackin,

D. Burris administrator           Wm A. Berry                                      10/7/1872

W.A. Berry                             David Burris                                       2/15/1873

Deed Book 47 p.194

The following 3 entries are from 1877- 1898 Sonoma County Atlases

-l877 lot owned by D.  Bradford, Deed Book 64 p. 35

1898 lot 513 owned by Fred White, 14.5 acres

then Miss Lee Douglas  

The following entries are from County Recorder’s Office

1/25/1898

Grantor: White, J.A. (F.A.?) et al as executors

Grantee: Wiley Coughman/ Coffman (a Coffman is in the following 1/21//08 document)

Deed Book 178, p. 136

-maybe not part of this property

No date

Grantor: Mary A. Douglas

Grantee: Susan Dulon (nee Douglas), Mary’s daughter or granddaughter

3 acres N. of White of out lot #513

Block Book 4, maps 5-5, 5-6, pp. 134-35

1/21/1908

party of the first part: Louisa A. Douglas’ siblings (Susan Dulon, A. Douglas et al, Wm. Douglas, J.B. Tupper and E. Coffman

party of the second part: Louisa A. Douglas

-Louisa gets 3 acres on out lot 513

Deed Book 254, p. 188

Block Book 4, maps 5-5, 5-6, pp. 134-35

1/21/08

party of the first part: Susan Dulon (nee Douglas) and Robert W Douglas/ deceased

party of the second part: Louisa A. Douglas

-Louisa gets 3 acres of out lot 513

Deed Book 254, p. 185

12/20/09

Grantor: Estate of Robert Douglas Sr.

Grantee: Louisa A. Douglas, administratrix

“3 acres more or less”, lot #513,

Deed Book 26, p. 247

1/10/10

Grantor: R. Douglas Sr.

Grantee: Louisa A. Douglas

-3 acres, out lot 513

Block Book 4, maps 5-5,5-6 pp. 134-35

8/29/10

Grantor: Louisa A. Douglas

Grantee: Arthur A. Rambo and Essie Rambo

-Louisa sells A. Rambo 1.5 acres, “part of out lot #513 Sonoma bounded N. and E. by Douglas, S. Studley; W. County Road

-“SW part of ___ 3 acre tract in out lot 513”

Deed Book 264, p. 437

Block Book 4, maps 5-5,5-6 pp 134-35

5/4/12

Grantor: Louisa A. Douglas (a femme sole)

Grantee: Otto and Clara Schuhmann

- 1.89 acres, “northerly part of lot #513”

-sealed in the presence of Robert A. Poppe

Deed Book 295, p. 134,

Block Book 5-5, 6-5 No. 4, pp. 134-135,

5/4/12 - 11/6/38

Otto and Clara Schuhmann owned common property (lot #513)

-Deed Book 706, p 359-360

1/10/13

Grantor: Louisa A. Douglas

Grantee: Otto and Clara Schuhmann,  

- .68 acres, “part out lot 513 bd. N self, E. self, S. Rama (probably Rambo), W. Railroad”,

-i.e. Otto buys .68 acres from Louisa, he already owned land to the N and E,

-he gets RR frontage, probably on which hotel was built

-Block map 5-5 shows the .68 acre fraction just above Rambo

-1.89 + .68 = 2.57 Schuhmann acres

Block Book 5-5, 6-5 No. 4, pp. 134-135

Deed Book 307, p. 70

1913-1914

Schumann Hotel built

9/7/17

Grantor: Arthur Rambo

Grantee: Essie Rambo, his wife

-1.5 acres, part of lot 513, bordered N, E by Schuhmann, S. Studley, W. Railroad

-sold for $5.00   

-1.5 acres Rambo fraction was south of hotel when it was built and Schuhmann owned land surrounding it to the East down to an east-west line from the southerly boundary of the Rambo parcel, to Arroyo Seco

Official Records Book 99, p. 235, referenced out of Block Book 4 p. 134/35

10/26/22

Quitclaim

-between Otto and Clara Schuhmann and Northwestern Pacific Railroad Co

-“a parcel of land 55’ in width, 27 ½’  from the centerline of the rail road, as located on 8^th Street East or Germania Street, between Denmark Street and the Northerly line of United States Street (Napa St.), a  distance of 3950” more or less” 

-Northwestern Pacific agrees to construct and maintain one farm crossing across said strip of land for the Schuhmanns’ to access their property and to have access to the county road

-Schuhmanns get to select location of crossing, prob. exactly where it is now

Official Records Book 85, p. 219

11/10/27

Deed

Grantor: Essie Rambo

Grantee: Catherine Fitzgerald

-1.5 acres of lot 513  

Official Records Book 180, p. 348

3/24/32

Clara Schuhmann dies

11/1/37

Deed

Grantor: Catherine Fitzgerald

Grantee: Otto Schuhmann,

-1.5 acres, portion of lot 513 (southern part), this is the Rambo parcel

Deed Book 442, p 228

-1.89 + .68 + 1.5 = 4.07 Schuhmann acres

-Otto Schuhmann then owns all northern portion of 513, north of an east-west line

12/6/38

Gift Deed

Grantor Otto Shuhmann

Grantee: Elsa Martha Schuhmann

-first tract, 2 parcels, 1.89 acres

-second tract 1.5 acres, to the south

 (plus .68 parcel, 4.07 acres total)

Deed Book 466, pp. 217-218

- as oldest Schuhmann child Elsa could have inherited through primogeniture over the other siblings, Gerhard and Johanna

11/21/39

Otto Schuhmann dies

5/7/40

Mrs. Elsa M. Schuhmann, RFD (Postal designation/ rural free delivery), Republican, registered to vote in Buena Vista primary election

-she was still in Sonoma when she inherited property and perhaps lived at the hotel

1941

Elsa Martha Schuhmann marries Felix J. Vanderschoot Sr. of Napa

-wedding in Reno, Elsa moves to Napa

- Elsa would have then rented the hotel and been an absentee landlord for 5-6 years

4/29/46

Memorandum of Agreement to Sell and Buy Land

Seller: Elsa M. (Schuhmann) Vanderschoot,

Buyer: Olgierd O. Kulak, of San Francisco

-to sell “a portion of the premises known as Schumann’s Resort located on the Vineburg Road…and the fixtures thereon”

-2 acres of land more or less “the southerly line of which is approximately 210 feet northerly from the most southerly line of land owned by the seller on said Vineburg Road and having a frontage of 276 feet more or less” and extending east from RR frontage to the middle of Arroyo Seco, together with furniture, equipment and fixtures described in attached inventory (i.e. contents of hotel)

-for total sale price of $12,500.

-if seller can’t deliver a good title, buyer has option to lease said property for 5 years at $175. Per month

Deed Book 730, p.224

4/29/46

Mortgage of Chattels

Made by O. Kulak, “a married man of the County of Sonoma…by occupation hotel keeper”, mortgages from Elsa M. Vanderschoot, “the following property located at the Schuhmann Resort near Vineburg”, see lists

-O. Kulak was probably the Schuhmann Resort hotel keeper/ the man behind the Hungarian cooking ads in the I-T

Deed Book 706, p. 364

4/29/46

Promisory Note

O. Kulak promises to pay Elsa $8,500. as part of mortgage deal

6/10/46

Amendment of Agreement to Sell and Buy Land

Between Elsa M. Vanderschoot, seller, and O.O. Kulak, buyer, to modify 4/29/46 agreement

-1:Kulak has to give water to Elsa, “to the house belonging to the seller and adjoining the property sold on the northeasterly side and to the two cabins owned by the seller on property adjoining the property sold on the southwesterly side, all water necessary for reasonable domestic use…” and seller agrees to pay buyer $2.00 a month for the water

-2: “the southerly side of the property sold” is 8” NE of the existing fence, fence is on property of the seller (Elsa), buyer (Kulak) has the right for 5 years to occupy the strip “between said fence and said true line of the property sold” and after 5 years fence has to go on true property line

Deed Book 730, p. 223

-(the two cabins referred to are probably from the Douglas/Rambo/ Fitzgerald parcel, since demolished after that fraction was sold to Pearson for the industrial park development to the south, but could be the current two to the north at 19434 8^th St. East)

8/9/46

Grant Deed

Grantors: Elsa and Irne O. Kulak, wife of Olgierd  O. Kulak

Grantee: Olgierd O. Kulak

- 1.51 acres, a portion of out lot 513,

Deed Book 706, p. 362

-this is probably the former Rambo fraction to the south of the hotel

-how Irne O. Kulak got to be grantor is a question, need to find a document of joint tenancy

-if the Kulaks were long term employees of the Schuhmanns, running the hotel for possibly up to 32 years, this could be why Irne got to be a grantor

8/9/46

Bill of Sale (for contents of hotel)

grantor: Elsa M. Vanderschoot and Irne O. Kulak

grantee: Olgierd O. Kolak (spelled Kolak in grantor/ grantee books)

Deed Book 706, p. 362

10/25/46

Decree Quieting Title:  

-Elsa prevails over Executor of Last Will of Otto and Admistratrix of Estate of Clara Schuhmann,

-Elsa keeps title to .68 acres

-seems like there could have been family wrangling here, Elsa’s siblings could have contested plans to sell to the Kulaks

Deed Book 706, p. 361-368

10/29/46

Decree Quieting Title

-Elsa prevails over Administratrix of Estate of Clara Schuhmann

-Elsa’s 11/6/38 title is good

-first tract, parcels 1 & 2, 1.89 acres, no second tract

-title history of Otto Schuhmann ownership of lot #513 established from 5/4/12 – 11/6/38

Deed Book 706, p. 359 – 60

-the acreage gets mixed up here as to how much got sold to who, how much is left where, all kinds of wheeling and dealing is coming up in the next half year, but this will come out in the wash when Elsa sells everything to W. B. and Grace Findley

4/15/47

Notice of Intended Sale

Grantor: Olgierd O. Kolak

Grantee: Florence Cleaver Welch

-Olgierd O. Kulak of Rt. 2, Box 106, Sonoma, intends to sell to Florence Cleaver Welch of 3855 California Street, San Francisco, “all rights, title and interest in and to that certain business known as “Laguna Resort”, located at Rt. 2, Box 106, Buena Vista, Sonoma…including all furniture, fixtures, equipment etc…that said sale will be consummated on 5/1/47

Deed Book 725, p. 319

-this is first reference to Laguna Resort, which could be the cabins/small homes to the south of the hotel, on the Rambo fraction or the current yellow house and cabin to the north, this could be the mythical  operation of ill repute, and this would have made it run by the Kulaks during the World War 2 years

-Florence Cleaver Welch would only have had it a short while, as Elsa regains the property and sells to the Findleys only one month later

4/16/47

Certificate of Release and Satisfaction of Chattel Mortgage, serial # C-30248

-Elsa certifies mortgage of chattels of 4/29/46 and executed by Olgierd O. Kulak… is fully paid

Deed Book 739, p 62

4/28/47

Waiver and Release

-Elsa waives and releases to Kulak, any previous agreements, C-42116, about water null and void

-release and waive rights of way for road purposes on property of Kulak

-RR right of way agreements made by Otto Schuhmann in 1922 not waived

-“…to the use in common with the owner or owners of the remainder of the Schuhmann property of such rights and rights of way or in derogation of dimunition (sic) thereof, nor of any agreement for water pipe line easement made by me or granted to me by said O.O. Kulak or his successor assigns”

-so here there is reference to the remainder of the Schuhmann property, not all was sold to the Kulaks, a clue as to the fractions involved

Deed Book 739, p.62

4/28/47

Waiver and Release

Grantor: Elsa M. Vanderschhot

Grantee: Olgierd O. Kolak

-For $800, Elsa releases and waives rights to O. Kulak, to any water rights from the 4/29/46 agreement and amended agreement of 6/10/46

Deed Book 739, p. 62

4/28/47

Agreement for Water Pipe Easement

Grantor Florence Cleaver Welch

Grantee: Elsa M. Vanderschoot

-Between Florence Cleaver Welch/ 1^st party and Elsa Vanderschoot/ 2^nd party

-Florence Cleaver Welch, sole owner of parcel #1, a portion of out lot 513 of 1.51 acres, bounded by Arroyo Seco on E ad RR on W, this is the same acreage as the Rambo fraction but the below description seems to make it north of that

-E. Vanderschoot, owner of lands adjoining said parcel #1 and lying to the north thereof is parcel #2, property adjoining parcel #1 on the south is parcel #3

Deed Book 739, p. 63

-upshot: Florence grants Elsa rights to water pipes and maintenance across parcel  #1, which is sandwiched between Elsa’s parcels #2 and 3

-this could be that the Cleaver Welch parcel of 1.51 acres is the same as where the little house is and the parcel to the north is where the fire station now is and parcel #3 is where the big house is now

-furthermore, if parcel #1 was referred to as the “Laguna Resort”, the little yellow house and cabin could be the area of ill repute, don’t know when these buildings were built

-add Bob Parmelee’s analysis of prostitution at Sonoma Valley resort hotels

4/29/47

Grant Deed

Grantor: O. Kulak

Grantee: F.C. Welch

- 1.51 acres, a portion of out lot 513

-this is same acreage as Rambo parcel to the south, this fraction had cabins as well, it is confusing as to where the Laguna Resort was

Deed Book 739, p. 64

4/29/47

Deed, Bill of Sale

Grantor:  Olgierd O. Kolak

Grantee: Florence Cleaver Welch

Deed Book 739, p. 64

4/30 47

Bill of Sale

O. Kulak sells F.C. Welch contents of hotel

-“all that certain personal property located at Schumann Resort… described as follows:” see lists

Deed Book 739, p. 64

-seems like the contents of the hotel get transferred multiple times, once to Kulak, then Kulak to Welch

5/7/47

Grant Deed

Grantor: E.M. Schuhmann Vanderschoot

Grantee: William B. and Grace E. Findley

- 2.14 acres, “ a portion of lot 513”

-yet this would be only, roughly, the northern portion of the total Schuhmann property

Deed Book 741, p. 100

-Kolaks could still co-own the rest of the Schuhmann 4.07 acres

-no Kolaks could be co-owners of the above 2.14 acres as Elsa is sole grantor to the Findleys, how did Elsa get the land back from the Kolaks?  Need to look in grantor book for Kulak/ Kolak

1964

Grace Findley dies of stroke

Property has 4 parcels, 1 and 2 no acreage given, #3 is 2.14, #4 is 1.51

-at some point Florence Cleaver Welch granted 1.51 acres to either Elsa or the Findleys

-same as when Elsa got it from Otto

1967

W.B. Findley marries Eleanor O. Bauer (Olivia)

-Eleanor was Grace’s life-long best friend

4/25/69

Joint Tenancy Deed

W.B. Findley and his wife Eleanor O. Findley grant to themselves, joint tenancy of a portion of lot 513, 2.14 acres “more or less”

Deed Book 2390, p. 602

pp. 600-601 describe the remainder of the property, parcel 1 and parcel 2 but without acreage

-this would be the same piece that Olivia sold to Pearson later

10/19/70

William B. Findley dies

12/23/70

Decree Establishing Fact of Death of Joint Tenant

-joint tenants with right of survivorship, i.e. Olivia gets the property

-4 parcels of lot 513, #3 is 2.14 acres, #4 is 1.51 acres

Deed Book 2510, p. 748

5/10/71

Ralph Findley (son of W.B. and Grace E. Findley) challenges Eleanor O. Findley’s inheriting of the W.B. Findley estate, the lot 513 part anyway

-purported breach of oral agreement to Ralph by William B. Findley

Deed Book 2533, p. 985

1972

Will of W.B. Findley settled

-Olivia’s joint tenancy on the deed supersedes Ralph’s claim

- a trailer goes in southwest of shed, north of current sash and door shop

-Olivia moves from S.F. to trailer

-Olivia’s son Arthur Bauer moves into little house at 19434 8^th Street East

1972-74

Ronald Pearson makes offer to Olivia for acreage south of trailer

-county zoning changes, agricultural land use to 8^th Street East industrial park area

1973

real estate map shows four parcels on northern half of lot 513

- of these four: 2 smaller ones to the north, two bigger at south

- #1: most northerly is current Schell Vista Fire Station, then #2: 19434/ little yellow house

-#3: current 19550, then #4: former Rambo lot (plus extension east to Arroyo Seco)

-these numbers are not official fraction numbers, only for reference here

1/31/74

Grant Deed

Grantor: Eleanor O. Findley

Grantee: Ronald W. and Donna M. Pearson

- 2.14 acres more or less, a portion of lot 513,

Deed Book 2834, p. 304

-this must be some combo of the former Rambo parcel (1.5 acres) plus land directly to the east (along the former Rambo parcel northerly line, to the east to Arroyo Seco) for the rest of the southern portion of the former Schuhmann tract

9/3/76

Quitclaim Deed

-Eleanor O. Findley relinquishes to Northwestern Pacific Railroad Co. all title, right and interest in a driveway across said lands and any interest due to a fence encroachment across said land

Deed Book 3123, p 774

-presumably this is when the railroad tracks were taken out, thereby obviating any deals as to rail crossing driveways

12/2/78

Eleanor Olivia (Bauer) Findley dies

-son Arthur inherits property

4/3/90

Estate of Eleanor Olivia Bauer, deceased, order settling final account of executor…allowing for final distribution under will

6/1/90

Grantor: Arthur J. Bauer

Grantees: Arthur J. Bauer and Successors in Trust, as Trustees of the Bauer Trust 1990

6/8/96

Gift Grant Deed

Grantor: Arthur Bauer  

Grantees: Cheryll Powers and George F. Powers 3

-Cheryll and George are the owners as of 3/2012

12/4/99    Arthur Bauer dies

additional notes: 

Still Need: Grant Deed Bauer/ Findley to Schell Vista Fore Dept.,, Grant Deed Kulak to Elsa, Grant Deed Cleaver Welch to Elsa, Grant Deed Olivia to Arthur/ or joint tenant

http://en.wikipedia.org/wiki/Chattel_mortgage

Chattel mortgage, sometimes abbreviated CM, is the legal term for a type of loan contract used in some states with legal systems derived from English law.

Under a typical chattel mortgage, the purchaser borrows funds for the purchase of movable personal property (the chattel) from the lender. The lender then secures the loan with a mortgage over the chattel. Legal ownership of the chattel is transferred to the purchaser at the time of purchase, and the mortgage is removed once the loan has been repaid.

In the United States, chattel mortgages are referred to as secured transactions. Article 9 of the Uniform Commercial Code governs such transactions in most states.

However, in the early history of the U.S. some of the first laws on chattel mortgages in the Anglo-American world were passed.[2] These early laws differed from other early laws in that filings and witnesses were required in order to enforce the security interest. This was to prevent the debtor from fraudulently using the pledged collateral as a security interest in another loan. The issue had been handled differently in Roman law by allowing the lender to sue a fraudulent debtor, and in Napoleonic law by banning the transactions.[2]